Judge: Katherine Chilton, Case: LAM12K04145, Date: 2022-08-25 Tentative Ruling

Case Number: LAM12K04145    Hearing Date: August 25, 2022    Dept: 25

PROCEEDINGS:      MOTION FOR ORDER TO ISSUE CONSUMER CREDIT REPORT

MOVING PARTY:   Judgment Creditor and Assignee Upstream Capital Investments, LLC

RESP. PARTY:         None

MOTION FOR ORDER TO ISSUE CONSUMER CREDIT REPORT

(CCP § 187; CCC § 1785.11)

TENTATIVE RULING:

Judgment Assignee Upstream Capital Investments, LLC’s Motion for Order to Issue Consumer Credit Report is GRANTED.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of August 23, 2022                [   ] Late                      [X] None

REPLY:                     None filed as of August 23, 2022                [   ] Late                      [X] None

ANALYSIS:

I.                Background

A default judgment of $18,162.50 plus $2,476.56 in interest, and $595.00 in costs, was entered against Judgment Debtor Richard Sedillo (“Judgment Debtor”) and in favor of Judgment Creditor Edward Damian Leone (“Judgment Creditor”).  (3-4-14 Default Judgment.)

On July 23, 2019, Judgment Creditor filed an Acknowledgment of Assignment of Judgment demonstrating that the judgment was assigned to Upstream Capital Investments, LLC (“Upstream”) on June 7, 2019.

On July 20, 2022, Upstream filed the instant Motion for Order to Issue Consumer Credit Report (the “Motion”).  No opposition was filed.

II.              Legal Standard & Discussion

Upstream seeks an order directing one or more credit reporting agencies to provide a copy of Judgment Debtor’s credit report pursuant to Civil Code § 1785.11 and Code of Civil Procedure § 187, “to be used towards enforcement and satisfaction of the Judgment entered against judgment debtor Richard Sedillo.”  (Mot., pp. 1-2.)

            Civil Code § 1785.11 provides that “[a] consumer credit reporting agency shall furnish a consumer credit report…in response to the order of a court having jurisdiction to issue an order.”  (Civ. Code, § 1785.11(a)(1).)  Upstream argues that Code of Civil Procedure § 187 confers jurisdiction on this Court to issue an order directing credit reporting agencies to provide Judgment Debtor’s credit report to aid in Upstream’s judgment collection efforts.  (Mot., pp. 4-5.)  Code of Civil Procedure § 187 provides:

“When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.”

            In his declaration, Upstream’s counsel explains that Assignee has made several unsuccessful attempts to collect on the judgment.  (See Yeargin Decl.)  The Court does not consider Exhibits 1-3, attached to the Motion, because they have not been authenticated by the declaration.  (Evid. Code § 1401(a).)  Assignee’s counsel have used collection calls and letters and have attempted to levy Judgment Debtor’s bank account at the financial institution where Judgment Debtor was believed to bank, but no accounts were located.  (Yeargin Decl. ¶ 4a-b.)  An Application for Order for Appearance and Examination was scheduled for May 27, 2021, however, service at a known address was unsuccessful as “Debtor had possibly moved, possibly overseas.”  (Ibid. at ¶ 4c.)  As of the date of the Motion, Assignee has not received any payments towards the judgment.  (Ibid. at ¶ 5.)  Given these unsuccessful efforts, Assignee believes “that the information contained in a ‘consumer credit report’ of the defendant and judgment debtor RICHARD SEDILLO, will allow for a more successful enforcement of the judgment.”  (Mot. p. 6.)  Specifically, it will provide information about “where assets may be located, either in the form of real property, bank accounts, lines of credit, and possible streams of income, as well as current and previous employers.”  (Ibid. at pp. 5-6.)

            Based on the above, the Court finds an order directing credit reporting agencies to provide Judgment Debtor’s credit report to Upstream to aid in the enforcement of the judgment is appropriate. The Motion is GRANTED.

III.            Conclusion & Order

For the foregoing reasons, Judgment Assignee Upstream Capital Investments, LLC’s Motion for Order to Issue Consumer Credit Report is GRANTED.

Upstream is ordered to give notice.